• Divorce

I got married before two yrs n got a girl baby of 5 months but now my life is not going good, my girl friend likes to marry me now , if I marry my girl friend any legal problem will be there n second thing if I made my wife to accept for divorce in that situation also do I need to give her any thing for settlement
Asked 4 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) you cannot marry during subsistence of your first marriage 

2) your wife can file case of bigamy against you under section 494 of IPC 

3)if you divorce your wife you will have to pay her alimony and maintenance for your child

4) if your wife refuses to give you divorce you have long legal battle ahead .

5) contested divorce takes around 5 years
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
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You cannot marry your gf unless you obtain a decree of divorce from your wife. Remarrying without getting divorce is bigamy which is punishable with up to 7 years of imprisonment. You may convince your wife for mutual consent dissolution of marriage to part ways
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
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She can demand alimony or relinquish her right altogether.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
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Hi
You will have to pay maintenance for your wife and child .
This will be for the wife till she get married again and for the child till   turn 18.
Your wife  can ask for alimony at the present situation with a small baby court will order for that .
If she is agreeable for a mutual divorce , then the payment of alimony , child maintenance is depending on what she agrees, as you said it,if you made your wife accept for a divorce.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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you cannot remarry in subsistence of a valid marriage otherwise you shall be prosecuted for the offence of bigamy. 

you should file mutual divorce u/s 13 B and settle all the things mutually and out of the court. 
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0
Hello,
1) If you intend to marry again, you need to get a divorce from your wife. You are liable to pay maintenance to your wife and  the minor child.

2) If your wife is convinced of a divorce, you can mutually arrive at the terms and conditions of divorce including maintenance and alimony.

3) Unless it is a divorce by mutual consent, your wife can approach the court any time for maintenance.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
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Second marriage without getting divorce from wife shall leads to penal consequences. It is up to your wife to any thing settled for getting divorce, if your wife admits it ok, but, if she is not willing or anything against her will and knowledge it will create lot of troubles to you. Marriage with your girl fried after having a child and getting rid of your wife is not advisable    
Lakshmi Kanth
Advocate, Hyderabad
230 Answers
2 Consultations
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Firstly you cannot marry another girl during the subsistence of your previous marriage and the spouse is living.

If you still marry another girl during the subsistence of the previous marriage, then you and the second wife can be convicted for the offences of bigamy and both can be sentenced to jail sentence accordingly. 

If your wife is willing to give her consent for mutual consent divorce, then you can marry after that marriage is dissolved by a decree of divorce by the court.

About the settlement amount, it depends on her claim and proving your income and your challenge to her claim. 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
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If you marry your gf without having taken divorce decree from 1st wife you may be prosecuted for bigamy if your wife files a case under section 494 of IPC,the punishment for which may extend upto 7 years imprisonment. 
2. It is therefore suggested you should first go for mutual consent divorce and thereafter go for marriage with your girlfriend,provided your agrees for mutual consent divorce. 
3. The alimony or maintenance can be discussed with your wife and shall be incorporated in the petition itself for mutual consent. 
Sushil Jha
Advocate, Patna
161 Answers
1 Consultations
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Without divorce second marriage is an offence under section 494 of ipc. Live in relationship also will be treated as an act of adultery punishable with jail term, should your wife lodges complaint against you in this regard.

more over a Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.

Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear.  Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc.  Known as matrimonial offences.As per the law as it stands our legal system does not allow divorce to be granted on the ground of irretrievable breakdown of marriage or irreconcilable differences. To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other. 
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
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